Trial Strategies

June 1, 2011Comments Off on Family Law – Property Settlement – IRA Value

In this divorce case, where the parties negotiated the division of defendant’s retirement account based on the account’s fixed value on a date certain, plaintiff was not entitled to a division based on the account’s increased value when the divorce ...

Plaintiff’s personal-injury claim sounds in premises liability, not negligence. Regardless of whether he is considered a licensee or an invitee, defendant owed no duty to warn him of the danger of stepping on a wet, sloped roof. The trial court ...

May 26, 2011Comments Off on Real Property – Condemnation – Easements And Condominiums

Where a township acquired an easement affecting a condominium unit, the condominium’s developer is not entitled to a $1.5 million just compensation award for the taking. The trial court erred by treating the condominium development containing the affected unit and ...

The trial court correctly dismissed plaintiffs’ personal injury claim after determining that their expert witness was unqualified to offer an opinion that defendant utility acted unreasonably by not removing a tree limb before it broke off and snagged an electrical ...

In these related cases involving title insurance discounts allegedly owed to plaintiffs, the federal district courts correctly refused to allow the cases to proceed as class actions. Background “Jerry and Dianne Randleman appeal the district court’s decision to decertify the ...

The trial court correctly awarded plaintiff credit union (MFCU) a $5 million judgment under the terms of a fidelity bond that defendant CUMIS issued. Coverage was due after MFCU suffered losses from uncollectable loans approved by several employees who violated ...

Joseph v. A.C.I.A. (Lawyers Weekly No. 06-75926 – 1 page) On order of the Court, the application for leave to appeal prior to decision by the Court of Appeals is considered, and it is GRANTED. The parties shall include among ...

Wolf v. City of Detroit. (Lawyers Weekly No. 06-75903 – 1 page) On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we VACATE ...

May 19, 2011Comments Off on Premises Liability – Trip And Fall – Stairs

The trial court correctly dismissed plaintiff’s personal-injury claim arising from the collapse of basement stairs on defendant’s premises. There is no evidence that defendant had notice of the condition that caused plaintiff’s injuries. Facts “This case arises out of injuries ...

The trial court should have dismissed plaintiff’s negligence complaint against defendant medical personnel because the claim raises questions of medical judgment “beyond the realm of common knowledge and experience.” Further, plaintiffs cannot proceed with a medical malpractice action because the ...